Proud Member of the “Rakofsky 74″
Rakofsky badge (by Amy Derby ©)
Subscribe via email


Technology 4 Lives

Not All Opinions are Created Equal: Martha Sperry, Frivolous Lawsuits, and the Impossibility of Arguing with Some People

“Why are people hating me for having my own opinion?”

Spend any significant amount of time engaging in discussions (arguments) on the internet and you will hear this. This is different from a situation with two people reaching an impasse between two opposing viewpoints. This refers to a person who basically refuses to defend their position, preferring to demand respect for an opinion because dammit, it’s their opinion.

I have yet to encounter a situation where it is not a craven attempt by someone who cannot defend their position to cast the attention back on the person who is kicking their butt. “No, I can’t defend what I am saying but you’re being mean!!!1!!!” is mostly how it goes.

I signed up for a Disqus account last week, and my third comment left on a blog thread garnered this response. I think this must be a record, but I do not expect any sort of prize.

It bothers me as an attorney (albeit an infrequently-practicing one), a blogger, a writer, and one who just enjoys a good argument now and then. It bothers me because it’s dishonest. No one hates you for having your own opinion, so don’t be so damn dramatic.

It bothers me because it is lazy. The argument is not going your way, so you are going to punt back to the other side.

Most of all, it bothers me for reasons that go beyond dishonesty. Trying to end an argument by appealing to some equitable notion that “everyone is entitled to their opinion” does not even deserve to be called “wrong,” because (and I cannot say this adamantly enough) not all opinions are created equal, and opinions are not worthy of respect or consideration if the opinion holder cannot or will not make an effort to defend them rationally and objectively.

This is why there can be no “honest” differences of opinion over the scientific theory of evolution versus ideas like creationism or its bastard stepchild, intelligent design, because their proponents are either ignorant of, or choose to ignore, highly relevant facts.

Let me be clear: people are free, thanks to the First Amendment, to state nearly any opinion they want, however crazy or groundless it may be. They are not free from challenge or criticism. In fact, challenge and criticism are essential to anyone learning anything, ever. Should those critics be polite? Sure, but honesty and integrity are much more important.

In a certain lawsuit brought against me and a number of media companies, lawyers, and bloggers by a certain young lawyer who Shall Not Be Named, news of a new settlement has surfaced. Back in December, an apology of sorts appeared on the blog of one Martha Sperry, along with some none-too-subtle swipes at people who would dare to use their blogs to call things as they see them and fight against frivolous lawsuits (an earlier almost-retraction appeared in October 2011). Other legal bloggers have addressed this quite admirably–I would direct you to Crime and Federalism‘s take-down of her apology for some excellent commentary.

Sperry’s blog post, aside from demonstrating a remarkable unwillingness to stand up for herself, also includes commentary from a few of my co-defendants taking her to task. Her responses invariably return to “I have my opinion and you have yours, so can’t we all just have ice cream?” I’m paraphrasing. Here’s a bit of what she actually said:

At this point, the matter seems more about tearing things down rather than building things up. And I fail to see the point of that.

You are certainly entitled to your opinion and I honor that.

I don’t know Martha Sperry, and I am sure she has her reasons for curling up in a ball and whimpering in response to a frivolous, meritless, groundless, jurisdictionless lawsuit, whatever those reasons may be. Her most recent comments to her blog post suggest that she remains a defendant in the lawsuit by He Who Shall Not Be Named (which makes her post all the more puzzling). At the end of the day, I don’t care if she settles with the plaintiff, or if she sells off all the assets of her business, moves to the South Pole, and tries to live as a penguin. I only care to the extent that it makes fighting for my own First Amendment rights (and by extension, hers) more difficult.

I also only care to the extent that pretending that an acknowledgment that “different people have different points of view” counts as an argument. It is actually laziness of the highest order. I disagree with every fiber of my being that we should always focus on “building things up.” We should, however, always focus on truth. When our opinions do not help us come to a greater understanding of the truth, then they are worthless.

Share

Comments are closed.